Kelly v. Bucyrus International, Inc.
| Douglas Kevin Kelly |
| Bucyrus International, Inc. |
| 1:2007cv00068 |
| October 12, 2007 |
| US District Court for the District of North Dakota |
| Southwestern Office |
| Mercer |
| Charles S Miller |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 28 CLERK'S JUDGMENT that the case be dismissed with prejudice and without costs or disbursements to any party. (ks) |
Filing 27
ORDER adopting #26 Stipulation of Dismissal. By Magistrate Judge Charles S. Miller, Jr. (BG)
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| Filing 26 STIPULATION of Dismissal by Bucyrus International, Inc. (Schweigert, David) |
| CASE MANAGEMENT UPDATE Closing documents are being circulated. Follow up on 3/27/09. (cs) |
| CASE MANAGEMENT Parties have reached settlement agreement. Closing documents due 3/6/09. (cs) |
| Hearings terminated. Final Pretrial Conference set for 2/11/09 and Jury Trial set for 2/23/09 are canceled. (ks) |
| DOCKET CORRECTION re: #24 Brief. Wrong event selected; re-filed as Memorandum in Support. (rm) |
| Filing 25 MEMORANDUM in Support re #23 MOTION in Limine filed by Bucyrus International, Inc. (Attachments: #1 Exhibit 1 - Mine Safety and Health Administration Report, #2 Exhibit 2 - Partial deposition transcript of Frank L. Burg, #3 Exhibit 3 - Report of Accident Prevention Corporation)(rm) |
| Filing 24 (WRONG EVENT SELECTED) BRIEF re #23 MOTION in Limine by Bucyrus International, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Schweigert, David) Modified on 1/29/2009 to restrict access to entry. (rm) |
| Filing 23 MOTION in Limine by Bucyrus International, Inc.. (Schweigert, David) |
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Filing 22
ORDER by Magistrate Judge Charles S. Miller, Jr. denying #17 Motion for Summary Judgment. (BG)
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| Filing 21 AFFIDAVIT of David S. Maring re #19 Response to Motion by Douglas Kevin Kelly. (Attachments: #1 Exhibit A, Deposition Transcript of Frank L. Burg (Part 1 of 2), #2 Exhibit A, Deposition Transcript of Frank L. Burg (Part 2 of 2))(Maring, David) |
| Filing 20 AFFIDAVIT of Jerod Roumell re #19 Response to Motion by Douglas Kevin Kelly. (Maring, David) |
| Filing 19 RESPONSE to Motion re #17 MOTION for Summary Judgment filed by Douglas Kevin Kelly. (Maring, David) |
| DOCKET CORRECTION re: #18 Memorandum in Support. Clerk's office added descriptions to exhibits. (rs) |
| Filing 18 MEMORANDUM in Support re #17 MOTION for Summary Judgment filed by Bucyrus International, Inc.. (Attachments: #1 Exhibit 1 - Complaint and Jury Demand, #2 Exhibit 2 - MSHA Report, #3 Exhibit 3 - Deposition of Joe Doherty, #4 Exhibit 4 - Purchase Agreement, #5 Exhibit 5 - Erection Agreement, #6 Exhibit 6 - Deposition of Gary Collins, #7 Exhibit 7 - Deposition of Gary Regynski, #8 Exhibit 8 - Joe Doherty Deposition Exhibit 12 - Drawing, #9 Exhibit 9 - Gary Collins Deposition Exhibit 13 - Drawing, #10 Exhibit 10 - Deposition of Douglas Kelly)(Johnson, Ariston) Modified on 12/9/2008 to add exhibit descriptions(rs). |
| Filing 17 MOTION for Summary Judgment by Bucyrus International, Inc.. (Johnson, Ariston) |
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Filing 16
ORDER by Magistrate Judge Charles S. Miller, Jr. granting #15 Motion for Extension of Time to File Dispositive Motions; granting #15 Motion for Extension of Time to Complete Discovery Depositions of Expert Witnesses. (BG)
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| Filing 15 MOTION for Extension of Time to File Dispositive Motions, MOTION for Extension of Time to Complete Discovery Depositions of Expert Witnesses by Bucyrus International, Inc.. (Johnson, Ariston) |
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Filing 14
ORDER (TEXT ONLY) REASSIGNING CASE by Chief Judge Daniel L. Hovland. Case reassigned to Magistrate Judge Charles S. Miller, Jr for all further proceedings. Chief Judge Daniel L. Hovland no longer assigned to case.(LR)
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| Filing 13 NOTICE by Bucyrus International, Inc. of Availability of a United States Magistrate Judge to Exercise Jurisdiction (Schweigert, David) |
| Filing 12 CONSENT to Jurisdiction by US Magistrate Judge by Douglas Kevin Kelly. (rm) |
| Filing 11 NOTICE of Hearing: Jury Trial Reset for 2/23/2009 at 09:30 AM in Bismarck Courtroom 2 before Magistrate Judge Charles S. Miller Jr. (5 Days) (Previously set for in Minot) (ks) Modified to state the amount of days scheduled for trial. lcar |
| Filing 10 NOTICE of Hearing: Jury Trial (5 days) set for 2/23/2009 at 09:30 AM in Minot Courtroom before Magistrate Judge Charles S. Miller Jr. (ks) |
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Filing 9
ORDER: Final Pretrial Conference set for 2/11/2009 at 10:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. By Magistrate Judge Charles S. Miller, Jr. (BG)
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Filing 8
SCHEDULING ORDER: by Magistrate Judge Charles S. Miller, Jr. Amended Pleadings due by 6/20/2008. Joinder of Parties due by 6/20/2008. Discovery due by 10/1/2008. Dispositive Motions due by 12/1/2008. (BG)
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| Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Scheduling Conference held on 12/14/2007. (BG) |
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Filing 7
ORDER: Scheduling Conference set for 12/14/2007 at 9:00 AM Magistrate Judge Charles S. Miller, Jr. The conference shall be conducted via telephone conference call to be initiated by the court. By Magistrate Judge Charles S. Miller, Jr. (BG)
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| Filing 6 ANSWER to #1 Complaint with Jury Demand by Bucyrus International, Inc..(Schweigert, David) |
| Filing 5 STIPULATION Extension of time to answer complaint by Bucyrus International, Inc.. (Schweigert, David) |
| Filing 4 NOTICE of Appearance by David D. Schweigert on behalf of Bucyrus International, Inc. (Schweigert, David) |
| Filing 3 SUMMONS Returned Executed by Douglas Kevin Kelly. Bucyrus International, Inc. served on 10/12/2007, answer due 11/1/2007 (Maring, David) |
| Filing 2 Summons Issued as to Bucyrus International, Inc. (ks) |
| Filing 1 COMPLAINT against Bucyrus International, Inc. ( Filing fee $ 350 receipt number BI000307.) filed by Douglas Kevin Kelly. (Attachments: #1 Civil Cover Sheet JS 44)(ks) |
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| Defendant: Bucyrus International, Inc. | |
| Represented By: | David D. Schweigert |
| Represented By: | Ariston Edward Johnson |
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| Plaintiff: Douglas Kevin Kelly | |
| Represented By: | David S. Maring |
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